14th, "today in the bay." good morning to you. thanks so much for joining us this wednesday morning, halfway through your workweek, 6:00, i'm laura garcia-cannon. >> good morning to one and all. i'm jon kelley. we check back in with meteorologist christina loren to find a way to shake the cold. >> we'll have o to wait until about 9:00 a.m. for temperatures to come above the freezing mark. that means you have to watch ut for black ice in the north bay at least for the next few hours. i think you'll stay in the 30s, though, at least until 9:00, possibly until about 10:00 today. 40 in hayward, 40 in san jose. you'll make it into the 50s inland by noon. 57 degrees inland. we have rain on the way. we'll time the system out for you. we're taking a look at the weekend, 6:00 a.m. first. we want to check your drive with

mike. >> good morning, folks. we'll take you to the santa cruz mountains, los gatos specifically where an accident is reported. a semi truck over on the shoulder. that's because the driver jumped out of the truck with a fire ex-tinge wishler to help the person in the van. at least one lane is blocked. it's a distraction and only a couple of lanes there. meanwhile the rest of the south bay, we're starting that slow morning build kicking off right here, 6:00. >> some superheroes out here this morning. that's good news. hopefully everyone is okay. 6:01 right now. this morning it's not all smiles for a place where the slogan is where a kid can be a kid. marla tell less has more on the fines chuck e cheese is facing for violating child labor laws. >> reporter: good morning. there are 12 chuck e cheese locations throughout the bay area, nine of them have been cited for, as you said, violating child labor laws

including this one right here in cupertino. according to the u.s. department of labor, most of those fined allowed teenage employees to load and operate trash compactors. one allowed an underage employee to operate a dome mixer. a department spokesperson says, quote, xloirps have an obligation to ensure miners are not performing tasks which could be harmful. i just hong up the phone with a chuck e cheese spokesperson. she tells me these violations came to light more than a year and a half ago, in march of 2010. she says, quote, since that time we have been in full compliance with all of the safety regulations concerning this piece of equipment. the parent company of chuck e cheese, cec entertainment, inc. out of irving texas is cooperating. it has paid the fines totaling more than $28,000. again, nine of the 12 chuck e

cheese locations in the bay area have been fined, cited and fined for violating child labor laws. since we're here in the south bay this morning, it's interesting to note that chuck e cheese was founded here in the bay area, 1977 the first location went up in san jose on winchester boulevard. now there are more than 500 locations worldwide. reporting live from cupertino this morning, i'm marla tellez. >> thanks so much, marla. 6:03 right now. more than a year after the deadly san bruno explosion, pg&e is admitting it is liable for the disaster, defending itself against dozens of civil lawsuits related to the blast. the utility preparing for a hearing on friday with attorneys for the victims. >> this is made at the request of the judge presiding over the cases. again, in the hopes that this will make the proceedings move more quickly and more efficiency. >> in fact, what they're trying to do is escape responsibility. >> one of the lawyers for the

victims says pg&e's admission is nothing more than a legal strategy. he plans to argue pg&e's safety record should be made public in court. pg&e set to go to trial for the san bruno blast sometime in july. san bruno pipeline disaster just one of several accidents that prompted federal legislation which won final approval in the u.s. senate yesterday. the bill doubled the maximum fine for pipeline safety violations and adds penalties for obstructing safety investigations. it also requires new pipelines to have automatic shutoff valves. critics say the bill doesn't go far enough and it says the old pipelines, those are the ones that are in most need of the valves. the bill goes on to the white house for the president's signature. two recent rapes in san francisco's mission district could lead to changes in the neighborhood. city leaders and police will meet with neighbors who live near the scenes of the attacks tonight. a woman was attacked on fair

oaks street. neighbors will get an update on the investigation and talk about getting bet. >> interpreter: lighting in that area tonight. we know more this morning about a shooting in an in-and-out parking lot in pinole. the 23-year-old man from sacramento was meeting with two men to make some sort of drug deal. during that meeting the man was shot in the chest several times. police still searching for suspects. the strongest recommendation yet to deal with distracted driving. a complete ban on cell phone use by drivers. "today in the bay's" bob redell with more on the proposal from the national transportation safety board. good morning, bob. >> good morning, laura. the ntsb now looks at distracted driving as the new dui. it's become so dangerous that the board is now recommending that all states ban all cell phone use while you're driving your car. that would be texting, e-mailing and talking, even talking that's

hands free that already is legal here in the state of california. a big part of their concern stems from this, that over 3,000 people were killed last year because of distracted driving, including two teens in missouri, one who had been texting while driving, the other a passenger on a school bus. texting while driving is already illegal in that state for drivers under 21. but the board doesn't believe that law is enforced enough. texting and e-mailing while driving is illegal for all drivers in our state, d.c. and 34 other states. the ntsb can't force states to adopted its recommendation to ban all cell phone use behind the wheel. it is only a recommendation, but their recommendation does carry a lot of weight in congress and in state legislatures. jon, laura? >> thank you very much, bob. one to watch. it is 6:06 right now. governor jerry brown pulling the trigger on a round of massive budget cuts. the governor announcing the decision after the finance office predicted revenue would call more than $2 billion short

of the june forecast. most of the cuts take effect in jan heir and they include nearly $310 million to public education. also on the chopping block, $200 million in programs to help the elderly and the disabled, $258 million in bus subsidies and cuts to child care programs, libraries and prisons. a stanford university-based economic think tank has a grim forecast for state workers. california public employee pension plans face long-term shortfalls, as high as $500 billion. researchers say the shortfall is too massive to be solved only by cutting future payouts to california teachers, university employees and state workers. the report's auth thofr, form her state assemblyman joe nation said it cost the state $3.4 million for each day that lawmakers don't change the state's pension plans. critics say the report relies on faulty data to support the group's political agenda. in the east bay a new grace

period will give you more time to try to avoid getting stung by the meter maids. oakland lawmakers green lighting a new policy that will give some drivers five extra minutes before they are fined and get tickets at expired meters. only people who use the city's pay and display meters will be given that five-minute window. pay and display meters are the ones that accept credit cards. people who use coin operated meters, they only get one extra minute. if you return to your car while an officer is actually writing up a ticket, the good news is they may give you a break. i throw a "may" in there. i've been there and gotten no slack at all. 6:08 right now. consider yourself warned when it comes to the forecast to bundle up this morning. pretty cold as you step out the door. here is meteorologist christina loren. >> i have better luck in that department than you, jon kelley. good morning to you. we're looking good out there. moderate air quality for the most part across the bay area.

one region prompting a spare-the-air alert. that's the north bay where we have unhealthy air quality through the interior valleys this morning. a nice second half of the day. but once again, it is bitter cold out there. temperatures in the upper 20s, near record lows yet again. 29 in napa. 29 in fairfield right now. 40 right now in hayward and 45 degrees in san francisco: we'll continue to drop off as we head through the next hour, hour and a half. as the sun comings up at the bay area, that's the coldest part of the day. it's the coldest point of the day because it's the furthest point of the day from when the sun was last warming us up in the sky. by thursday, a p.m. clearing, temperatures running a little on the cool side tomorrow. we're going to see a clear second half of the day. showers move in and kind of push through very quickly, a quick shot of rain. by friday, cold start makes way to crisp sunshine. 61 in los gatos. 60 in san jose and 57 in gilroy. as we head through my next report, i'll time out the showers for you and tell you

when you can get outdoors for your thursday. we'll take a look at the seven-day forecast. overall, this will be one of the warmest days in the extended period. let's check your drive at 6:09 with mike. >> i have to take folks back down to the santa cruz mountains. the south bay a gradual build. but southbound 17 also a commute for folks heading south through los gatos into the summit in santa cruz. all southbound lanes are stopped, not at santa cruz avenue, just south of there. there's not a good alternate for you. that van and the fire extinguisher, it was apparently not enough. still a van on fire. no injuries. we have to wait for a fire crew can clear the roadway. we're tracking that one as well as your typical slowing through livermore, really bogging down around north livermore towards isabel where the interchange will have some road work this weekend. now a live look at the bay bridge toll plaza.

we'll see how things are shaping up here. just a few cars waiting in line at the casual lane. fast cash a big advantage. no big drama here. back to you. 6:10 right now. still to come on today in the bay, police in the south bay say a man is pressing his luck by stealing lottery tickets. >> reporter: if you don't separate your trash from your recycling, that could soon cost you if you live in alameda county. i'm christie smith. i'll explain coming up in a live report. speaking of live, a look out on 880 in oakland. those lanes filling up. lots of red lights and white mirekenseading in both lmi will fill you in on traffic coming up. christine nah back with more weather in a matter of minutes. [ female announcer ] what would you call an ordinary breakfast pastry

that's been wrapped in a flaky crust stuffed with a gooey center toasted up all golden brown then given a delicious design? a toaster strudel. pillsbury toaster strudel. so delicious...so fun. pillsbury holiday star cookies start with pillsbury cookie dough easy. then add my own favorite frosting and sprinkles. just three ingredients to sweet memories. holiday ideas made easy.

welcome back. 6:13. police sending out warnings to

stores that sell california lottery scratchers. kelsey fam is accused of stealing scratchers in san jose. latest one happened at a monterey mini mart on december 2nd. police believe it is fam scene on surveillance video throwing a brick through the glass front door. he steals scratchers from behind the counter. lottery investigators say his stealing days may be coming to an end. >> he thinks it's easy money. he doesn't realize the lottery's ability to track lottery scratchers. they have serial numbers on the back. >> he's 5'10", about 170 pounds, tattoos covering both arms down to his wrists with a one-inch scare on his right cheek and crooked front teeth. a pair of suspected copper thieves under arrest and charged with a heist. brandon grover and richard scambotti are in custody. they allegedly stole copper pipe

southwest of bay shore road on 101. groover already on parole for another burglary in santa clara county. it is 6:16 right now. time to check in with christina loren with a look at the forecast today. it's a cold one out there. >> it is a cold one, near record cold, as a matter of fact. our air quality unfortunately is suffering. it's the clear skies and the calm winds that make for the very, very cold conditions. we've got a stagnant air mass overhead, especially over the north bay. so that's where we have the unhealthiest air quality. we have moderate air quality just about everywhere else. we are sparing the air, illegal burn day across the bay area. as we head throughout your morning hours, your temperatures will rise nicely. a lot of fog that we do have out there will start to break apart and let that sunshine through. i'm thinking by about 11:00 a.m., sunshine up in the north bay where we have dense pocketing this morning. 29 in santa rosa, 29 in napa.

freezing fog reported through the napa valley. you want to take it easy and watch for black ice on the roadway. your best bet is to travel cautiously an maintain control of your vehicles. by thursday, showers arrive tomorrow morning, we'll get a lot of sunshine for the second half of your thursday. another benefit from the rain coming through, good air quality will be done with that stagnant air mass overhead. get a little bit more wind and the showers will lay down all that particulate matter. we will see a reinforcing shot of cold air behind the area of pro lowe pressure that brings us showers tomorrow. that will keep your temperatures mild. today looking pretty good. 60 degrees in san jose, 61 in los gatos. 57 in gilroy. our next weather maker arrives as we head through tonight. the clouds will increase ahead of the system of low pressure bringing our first showers to the mix. by about 3:00 a.m., areas north of the golden gate bridge, showers will slide to the south by 5:00 a.m. just as your commute starts to get busy at 8:00 a.m., that's

when the showers will move over the south bay. the whole thing clears out by 10:00 a.m. a nice dry break for the second half of your thursday. fog saturday and sunday. temperatures overall hovering right around the 50 degree mark inland. let's check your drive at 6:17 with mike inouye. 6:17. as more folks start heading through the south bay, we have the issue continuing, south through los gatos. you might find backup because the southbound lanes are stopped as you're approaching the cat, that restaurant there. there's a van on fire still in the middle lanes. the fire nay be out, the van has not yet cleared. we're waiting for the tow truck. as far as i know the fire crew hasn't yet arrived on scene either. no injuries, but the traffic will start stacking up as you're south of that highway 9 exit. meanwhile rest of the south bay shows a nice flow for the northbound routes. the southbound side shows a blip, 101 at 87. that's one of your first congestion spots. meanwhile we're look over toward the lower peninsula. the bayshore clear of any

construction including the embarcadero on-ramp. you're at the limit for 101 and 280. further north, the golden gate bridge shows a nice clear view across the water, no problem southbound with the headlights out of the north bay, although christina is warning frost and fog through the morning and maybe black ice, the thin layer on the roadway through the north bay. we'll look to the wine country in the east, livermore a smooth drive. a nice smooth flow of traffic into livermore. now also over here at the dublin interchange as we typically expect for that pattern to continue. and we're looking at the area arouse the maze. no major issues, slowing westbound into the caldecott tunnel. a pretty typical pattern for this portion of your bay as well. those metering lights should be turning on any second guys. back to you. >> mike, thank you very much. a new plan is being considered "today in the bay." the area of the county that -- let me back that up here. a new area that's being considered in the bay area could

mean fines for you if you're not separating your trash and recycling. now that we've got that straight, "today in the bay's" christie smith with details on the zero waste proposal. good morning, christie. >> reporter: good morning to you, jon. it certainly is a mouthful. we'll try to sort it out for you. it's certainly easy to throw your aluminum cans and newspapers in with the regular trash, especially if you hear that garbage truck rumbling down the street and want to meet that deadline. but that could cost you, not separating the trash from the recycling could mean fines up to $1,000 according to the oakland tribune this morning. the alameda county waste mingment authority will take a closer look at this later today. the goal, they say, is to divert about 90% of things that could be recycled, get them out of landfills by the year 2020. right now, the number is closer to about 69%. if approved, phase one would start in july to include certain

businesses and larger apartment buildings only. two years later composting would be included in these rules. but some cities apparently aren't too thrilled with this, at least with the initial draft of it. they think it could amount to additional cost for more trucks and routes that would need to be driven. waste management will consider this today at their offices here on webster street at 2:00 this afternoon. reporting live in oakland, i'm christie smith. jon and laura, back to you. >> christie, thank you very much for the update. in the meantime one peninsula city will pay more to get rid of trash. san carlos city council approved a measure to charge homeowners an extra 5% for garbage pickup last night. starting january 1st, homeowners will now pay more than $17 each month for the service. council members say the hike will help keep the city from dipping into its general fund to cover increased collection costs and disposal fees. chp is on the lookout for highway litter bugs today. highway patrol teaming up with

caltrans to clean up bay area roadways. they want to bring attention to how trash can be harmful to the environment and dangerous to drivers. chp officers will step up litter enforcement while caltrans cleans up all the trash on bay area roads. the time now is 6:21. coming up cal berkeley buying a bunch of new web addresses meant for pornography. we'll explain exactly why. facebookur launchee tos hp feevate to help prevent suicide. facebook launches a new el

and even though you do what you can to take care of it, sometimes you want to give your immune system some support. try new airborne chewable tablets. each serving contains 14 vitamins, minerals and herbs... including zinc, echinacea, ginger, and a blast of vitamin c. it's the easy, great-tasting way to help support your immune system. airborne. in fast-acting effervescent formula, and new super-convenient chewable tablets!

welcome back everyone. a live look at the san mateo bridge. it is a long stretch out there as traffic starts to fill up both lanes. it is 6:24. uc berkeley administrators will unveil a new financial aid program today. its goal is to make the campus more affordable for middle class families. the school claims the program is the first of its kind at a u.s. public university. cal is among several universities, museums and other groups that purchased new xxx domain names. it went on sale last week as an alternative to dot com for adult entertainment sites. cal, for instance, spent $1200 for web addresses based on the name of the university and the cal bears football team. they did it to prevent porn sites from grabbing the

addresses first. stanford did it as well along with the vatican as well as the boy scouts and the girl scouts. >> interesting. well, it is 6:25 right now. google donating what is believed to be the largest corporate grand ever to help end slavery around the world. the tech giant donating $11.5 million for the intervention and rescue of people being held, forced to work or provide sex against their will. this is all part of google's $40 million end of year charitable donations. in total the company dolled out more than $100 million in donations this year alone. what a great cause. facebook has a new feature it says will help prevent suicides. a new button let's users report suicidal content in status updates. facebook will then e-mail the person who posted the status and encourage them to call the national suicide prevention

hotline or start a private chat session with a crisis co-worker. a former facebook employee says he is entitled to half ownership of the $50 billion social networking and he has papers to prove it. paul siglias says he gave mark zuckerberg money toward developing the site back when he was a student at harvard university. he says he has a written contract to prove that. in federal court yesterday facebook attorneys called the contract fake because experts found the ink was less than two years old on the contracts. his attorneys are of course disputing that test. it is 6:26. still to come on today in the bay, could be the last place you'd expect child labor law violations. family chain of pizza places that's facing fines. even hands-free cell phones getting a thumbs down. what federal governments want states to do to crack down on

distracted driving. it's one of the mornings you want to eliminate all distraction in your vehicle, especially in the north bay. we have slippery conditions, freezing fog, temperatures below that freezing mark across the board. we'll see a nice second half to the day, i'll take you to that forecast coming up. while christina is watching the ice, i'm watching the fire which has highway 17 in los gatos where all traffic is stopped there right w. t as the commute builds around the bay, we'll show you the slow spots coming up.

i'm bob redell. we'll tell you why uncle sam wants you to stop using your cell phone at all in your car. that includes the blue tooth. that story coming up. it's a hot spot for kids and good clean family fun. chuck e cheese slammed by the u.s. department of labor. good morning, i'm marla tell less with that story coming up. san francisco will announce charges today against two former city employees.

a live look outside from the east bay this morning. looks like traffic is picking up. we'll check with mr. pro, mike inouye in just seconds. it's wednesday, december 14th, "today in the bay." good morning. thanks so much for joining us. 6:30 right now. i'm laura garcia-cannon. >> good morning everyone. i'm jon kelley. let's check back in with meteorologist christina loren to find out how cold it's going to be and for how long. >> this is the last morning where we'll see near record lows. that's the good news. we have rain showers moving in as of tomorrow. make sure to give yourself plenty of time to reach your destination safely. temperatures very, very cold. we're watching for frost, icy conditions through the north bay, the east bay as well this morning. by noon you'll be in the 50s, 5:00 p.m. as you make your way home from work, getting so close to the weekend. temperatures at about 57 degrees inland. i'll time out the rain storm that's on the way tomorrow. time it out right at your

doorstep. first want to check your drive. a problem in los gatos? >> that's right. folks are warming up there because of a van on fire. now the fire crew has put that out. the van has moved to the shoulder. once they hose off the rest of the southbound lanes they will reopen, heading south past the cats. the northbound side, it's a big distraction. tim who works at our desk, he said there was a big light show and everybody was slowing down. now things should start moving smoother over the next ten minutes. it is 6:31 right now. uncle sam recommending a complete ban on cell phone use by drivers behind the wheel. "today in the bay's" bob redell live in the south bay with more on this proposal from the national trchings safety board. good morning, bob. jon, as you're well aware, right now it is illegal to talk on your phone as long as you're hands-free on a blue tooth or somdev vice like that. even that is dangerous according

to the ntsb. the board is pushing all states to ban drivers from using cell phones at all. that would mean no bluetooth, texting or e-mailing, which is already illegal in the state of california. this recommendation was ordered in part because of an accident last year in missouri in which a teen driver in missouri sent or received 11 texts in 11 minutes. investigators believe that distraction is what caused him to plow into the back of a tractor-trailer causing a pileup. two people killed, 30 more injured. texting while driving is illegal while you're under the age of 21. the ntsb doesn't believe that's en ed enough. to give you an idea of how prevalent distracted driving is, the national highway safety traffic administration, they estimate more than 13 million drivers are using cell phones

behind the wheel. over 3,000 people were killed last year because someone was driving distracted. one in five americans admit to having texted or e-mailed while driving. half of those people making that confession are young, between the ages of 21 and 24. one board member with the ntsb calls distracted driving the new dui. >> bob, be safe out there. thank you very much. today the three men linked to a black friday shooting outside a san leandro walmart store will be back in court to face attempted murder charges. the three men could enter pleas today. police say 29-year-old datuan watson shot a man in a parking lot after he refused to hand over his gold necklace. that led to a fight, and the arrest of watson's alleged accomplice. 20-year-old tony phillips. watson and 18-year-old foreman got away. a very popular family fun center around the bay area is being fined by the federal

government. "today in the bay's" marla tellez live in cupertino with a look at the specific fines chuck e cheese faces and what prompted the federal investigation. good morning, marla. >> reporter: jon, good morning. so many of us have memories of visiting the restaurant with the mouse. chuck e cheese has been around for more than 30 years now. only now is it coming to light that almost all of the bay area locations have had a run-in with the u.s. department of labor including this one right here in cupertino. now, nine of the bay area's 12 chuck e cheeses have paid a total of almost $30,000 in fines for violating federal child labor laws. according to the department of labor, the locations allowed teenaged employees to operate machinery including a trash compactor and dough mixer. labor officials say that equipment was not properly marked with warning signs prohibiting underage employees from using it. a labor department spokesman

says safety must never be sacrificed, hence the violations. over the phony spoke with a chuckly key spokesperson this morning. she tells me this all happened in march of 2010, so she's unclear as to why it's only making news now. she did tell me, quote, since that time we have been in full compliance with all of the safety regulations concerning this piece of equipment. now, the cited restaurants include one in redwood city, brentwood, newark, san bruno, fairfield, two in san jose and again this one right here in cupertino. reporting live from cupertino, i'm marla tellez. jon? >> marla, thank you very much. well, they're supposed to clean up restaurants throughout san francisco. several safety inspectors caught up in dirty business themselves. later this morning, district attorney george gascon will announce charges against two former public health inspectors accused of selling food safety certificates to hundreds of restaurants about three years ago. owners or employees are required

to pass a written food safety manager exam. instead of taking the test, the pair would allegedly charge hundreds of dollars for certification. reports say no restaurant owner or employees have been charged so far in the scheme. 6:36 right now. you want to find out what's happening outside, we take you over to meteorologist christina loren to fill us in on all the frost and more. >> we've got a lot happening out there. freezing fog, frigid conditions, and it is frosty in many parts of the bay area. anywhere where your temperature falls below 37 degrees or at 37 degrees and you're parked outside, you want to give yourself extra time to get the frost off the windshield. yesterday in san jose we had thick frost and only bottomed out at 37 degrees. at 30 in santa rosa, below freezing there. 278 in napa, 37 in livermore and 35 in concord. so a cold start. we'll see the sunshine early, though. and then pretty nice afternoon. clouds increase late tonight ahead of a system that's going to bring showers early thursday.

we'll see a nice second half of your thursday. the showers move through very quickly. by friday, cold start will make way to crisp sunshine. the good news about these showers is it will definitely improve our air quality. it's a spare-the-air day in the north bay. temperatures today on the comfortable side, right on par with seasonal averages. 60 in san jose, 58 in flee month, 58 in san francisco. meanwhile 59 in oakland. area of low pressure starts to trek closer to the california coastline. that will increase the cloud cover. cloudy late wednesday. my next report will time out when the showers hit your doorstep and we'll take a look at the weekend. first we want to check your drive with mike inouye. >> much better news now. the van, the fire activity all on the shoulder southbound 17, all lanes cleared now just around the cats. the northbound side sees a lot of slowing as that commute direction was distracted. now a lot more folks are heading north past highway 85. looking at 101 with a slow pattern north of 680 coming up

past the san jose international airport. no incidents or accidents through this area. we'll look at your drive through antioch with a typical slow drive through antioch, pittsburg and bay point tint 40s. 242 through concord and toward southbound 680, we see slowing in that direction. that's your commute and building into walnut creek. we will look to the travel times through the north bay. highway 12 to 37, heading into novato, slower speeds. fog and frost and a live look at the bay bridge to reassure you you have the metering lights and the backups. back to you. >> getting busy out there. 6:38 right now. still to come on today in the bay, tanning beds get linked to a second and more common form of cancer. payroll tax cut heading for the senate, but tioue is will it pass? a live report from washington coming up next. [ female announcer ] what would you call an ordinary breakfast pastry

that's been wrapped in a flaky crust stuffed with a gooey center toasted up all golden brown then given a delicious design? a toaster strudel. pillsbury toaster strudel. so delicious...so fun.

pillsbury holiday star cookies start with pillsbury cookie dough easy. then add my own favorite frosting and sprinkles. just three ingredients to sweet memories. holiday ideas made easy.

the house of representatives passed a republican payroll tax cut, but is it dead on arrival? "today in the bay's" tracie potts live in washington, d.c. where senate democrats are digging in their heels this morning. >> reporter: they are, laura. the senate has said they're not goings the pass this. the president says he's not going to sign it. so their question, where is this going? where is the compromise? when are they going to really start getting toward the middle. what the republicans want and what they have passed in the house is a rollback of unemployment from 99 to 59

weeks, and paying for this payroll tax cut extension that 160 million working americans are waiting on, by rolling back benefits in pay for federal workers. democrats want to see the richard taxed. that doesn't seem to be happening either. the other issue, temporary funding running out for the government yet again this weekend. will they be able to avoid a shutdown? we're waiting to find out. what do americans think about this? nbc's latest poll finds 42%, this is one of the worst congresses we've ever had. it's 6:42 right now. coming up, recycle or pay up. some people in the east bay could have to make that choice very soon. don't worry, tiny people. flo is a gentle giant. bundle home and auto at progressive.com.

[ female announcer ] this time of year you have a lot of festive meals. and safeway helps make every holiday meal a special occasion. so you can make all of your gatherings, just as merry as can be. get a boneless beef loin ny strip roast for just $4.99 a pound. pair it with a nicely priced malbec. we have thousands of wines. and we'll help you find the right one. safeway. ingredients for life.

hey, taking a live look outside sunol grade this morning. looks like traffic is moving pretty smoothly through that span of the bay area. it's picking up a little bit. you're halfway through the workweek. that's the good news, 6:44. >> that's the kind of energy we're talking about, push us right on through. the sun is slowly coming up. what's the temperature like? >> cold. below freezing in many cities across the board now. i will tell you we are one week away from the official start of winter. this is the last full week of fall. boy, oh, boy, transitions towards winter like weather over the course of the next 48 hours. we've got frigid conditions this morning and rain on the way just 24 hours away from now. you can see deep pocketing of fol developing from santa rosa through november vaet toe. even napa reporting visibilities less than a mile. take it easy up there. you couple that fog with freezing conditions. we're worried about freezing fog this morning. probably until about 9:00 a.m. really want to take it easy out there, even when you're just walking on the sidewalks, you could come upon black ice.

take it easy. 37 degrees in livermore. the good news is, we've got moderate air quality everywhere, except for the north bay. unhealthy levels up there. watch out if you're someone who suffers from respiratory issues or asthma, try to limit your outdoor activity. as you head through tomorrow morning, we won't deal with that for long. the showers will clear out. our air quality and any particulate matter. 58 degrees in fremont today and 60 in san jose. so let's get to what's to come. our next weather maker arrives tomorrow morning. we'll see the clouds increase by tonight. by tonight, dip in the jet stream ushering in active weather. 3:00 a.m., futurecast, showers coming down from santa rosa just to about san francisco. that will continue all the way till 5:00 a.m. that's when read wood city, the south end of the peninsula starting to get wet. then 8:00 a.m., just in time for the heart of your morning rush, that's when the south bay starts to get wet. you can see that yellow embedded within the green, that's more

rod rat rain in places like san jose. not expecting much. the whole thing blows out by about 10:00 a.m. talking about six hours of wet weather, maybe a quarter inch in the places that pick up the most moisture. really this thing won't impact us long by friday, crisp sunshine. saturday and sunday staying dry. as we get closer to christmas, a lot of people trying to get the shopping done, the christmas tree, you'll be able to do so without having to dodge the showers. let's check your drive with 6:47. the santa cruz mountains, los gatos, still slow and all activity moved to the southbound side. the northbound, folks were jammed up because of the light show, all the fire trucks and stuff on scene. that's bogging down north of the santa cruz summit. a burst of traffic past highway 85. expect that as you head north on 17. northbound 101 slow from capitals expressway towards the airport. a typical pattern here. it want to show you a live look

at highway 87 through san jose. these folks are winding their way past capitol and bogging down at the kertner on-ramp. that's the on-ramp, not the freeway. the freeway, still speeds into the 50s through the downtown area. we'll get a look out there again at the maps and show you what things are like for the peninsula. travel times, no delays for 101 or 92 as you come along this section on the west side of the bay. on the east side, looking overthrow the tri-valley. livermore with a 24-minute drive out of theality mont pass. through the dublin interchange, speeds down into the upper 40s. once you pass that portion, looking at a smoother drive over towards hayward and 680, the dublin interchange -- i'm sorry, the castro valley y slowing south towards hayward and fremont. at the earlier shot, 680 slows as you come through pleasant ton and around the bend. i'm not sure if we can get that shot for you. we'll end with this shot and the

slowing south of pleasant ton. speeds into the 50s into fremont. >> all right, my man. thank you very much. mike, today chuck e cheese in trouble and facing federal fines. "today in the bay's" marla tellez live in cupertino with a look at what laws the family fun center has violated. good morning, marla. >> reporter: jon, good morning. this is one of the chuck e cheese's that was fined. we are in cupertino. i spoke to a company spokesperson. she tells me this is the first time in the company's more than 30-year history they dealt with this specifically. now nine of the bay area's 12 chuck e cheese's have paid a total of more than $28,000 in fines for violating child labor laws. according to the u.s. department of labor, the locations allowed teenaged employees to operate machinery, including a trash compactor and dough mixer. a labor department spokesman says in part, quote, employers

have an obligation to ensure minors are not performing tasks that could be harmful. the cited restaurants include one two in san jose and again this one right here in cupertino on stevens creek boulevard. that company spokesperson this morning tells me that these violations all came to light in march of 2010, so she's not sure why it's only making news now more than a year and a half later. reporting live from cupertino, i'm marla tellez. >> interesting footnote on that one. it is 6:50 right now. pg&e now says it will take full financial responsibility in court for the deadly san bruno pipeline explosion that killed eight people more than a year ago. attorneys for victims say admitting liability is a ploy to try to convince the judge to take evidence and punitive damages off the table. victims say they are skeptical

about the timing of the announcement and they want the truth to come out about what led up to the deadly blast. attorneys for the blast victims and pg&e are expected in court on friday for a management conference. the judge is trying to combine dozens of cases against pg&e. 6:51 right now. monday's occupy protest fs at the port of oakland proving extremely costly erasing millions at the port. the port saying there will be ripple effects from asia imports to exports from central valley farms. monday's ogss disrupting six of seven terminals. truck drivers were forced to delay deliveries and pickups and some went without pay. state lawmakers will be taking a closer look at how universities handle protests. a joint hearing between the senate and assembly education committees will discuss uc and

csu policies on demonstrations, this coming after several recent uses of force in incidences in protests at both uc davis and berkeley campuses. school officials and student leaders are expected to testify today. 6:52. are your newspapers soda cans in the garbage or recycle bins? if in the garbage, it may soon cost you depending only where you live. christie smith joins us live from oakland where a mandatory recycling plan being considered there. good morning. >> reporter: good morning, laura. the idea sounds like a good one on the surface. that is to get as much waste out of local landfills as possible. they're thinking about doing this by making recycling mandatory at least for certain customers, making sure things like bottles and cans and newspapers and other things that can be either composted or recycled end up in the right bins and not just in the trash, this according to the "oakland

tribune." it could mean fines up to $1,000 for people who don't comply. the goal is to divert 90% of debris from landfill that can be recycled. right now the number is closer to 69%. the alameda county waste management authority will consider the change today, and if approved, phase one would include larger businesses and apartment buildings by as early as july, then mandatory composting would be included by 2014. the waste management board will be meeting right here on webster street in oakland at 2:00. reporting live in oakland, i'm christie smith. joond laura, back to you. this morning we have good news in the fight against drunk driving right here in california. dui deaths at a record low this year. in fact, they're the lowest levels they've seen in 14 years. 791 people were killed in dui crashes last year. that is compared to 950 the year

before. dui deaths in the state steadily decreased every year since 2005. tanning beds are already linked to an increased risk of melano melanoma. now there's evidence to suggest tanning may be linked to basil cell carcinoma. doctors say they've seen an increase in this cancer in people underreporting. they say people who tan indoors regularly have a 69% increased risk of suffering from basil cell carcinoma. the fda issued a warning about misleading ads from a popular weight loss device. they sent letters to several surgical centers saying advertising for lap band files to include possible side effects. the letter says any negative information about the device is too small for people to read. the lap band is a gastric band surgically implanted along the

top of the stomach to help obese adults lose weight. 6:54. this morning investigators in belgium say they've found another victim in an attack that killed four people and injured 122. police found the body of a woman in the garage belonging to the attacker. that man killed himself after throwing a grenade and shooting at several buildings yesterday. an 18-month-old toddler also died overnight. the other victims are two teenage boys and a woman in her 70s. 6:55. the focus in the penn state sex abuse scandal moves to former school executives accused of perjury. former athletics director tim curly and gary schultz who used to oversee the campus police department face pretrial hearings on friday. the grand jury reported on the case against jerry sandusky says curley and schultz did nothing after a former graduate assistant told them he witnessed sandusky raping a young boy. that former grad assistant story

reportedly changed to friends since he testified. it is 6:55 right now. they will have more on the sandusky case coming up on the "today" show in just a few moments. here is matt with a look. >> jon and laura, good morning. coming up on "today," what was behind jerry sandusky's dix to waive his right to a preliminary hearing in his child sex abuse case. is there a chance of a plea deal in the works? we'll ask sandusky's attorney. the recovered cell phone of florida mom michelle parker leading police to new information in her nearly month-long disappearance. we'll have details on that. and we'll have some fun with the surprise hit of the holiday season, the ugly christmas sweaters. that and matt damon joining us live in our studio when we start on a wednesday morning right here on "today." >> matt, thank you very much. an online game maker and major fashion designer leading the busiest week in initial

public offerings in years. zynga, the largest maker of games on facebook and luxury clothing designer michael coors as well as nine other companies seeking just under $4 billion in ipos alone. if all 12 companies get the deals done, lit be the most ipos in one week since back in november 2007. zynga says its sales have more than doubled in the nine months through september 30th. michael coors' revenue jumping more than 60% in the first half of the year. the end zone is within reach for the san francisco 49ers to make its move to the south bay. last night the santa clara city council unanimously approved a financial plan to build a stadium next to the great america theme park. goldman sachs, bank of mafr ka and u.s. bank agreed to give an $850 million loan to the city which will cover most of the $1 billion project. the plan is to use the stadium revenue to pay off the loan. the san francisco officials

still hopeful the team does not leave the city. >> you never know. things can happen. even if you're behind in the fourth quarter by two touchdowns, we've seen what tebow has done. you know, it can happen. things happen. fumables happen, interceptions happen. >> hail marys happen. still not a done deal. the plan requires the nfl to pitch in more than $150 million to cover the rest of construction expenses. the next time you see an occupy protesters, you may want to say congratulations. why? they've been chosen "time" magazine's person of the year. >> "time" says it's a description that includes demonstrators from the arab spring to athens to moscow and, of course, wall street. there's a new survey that shows our state's capital is one of the least vein cities in the country. >> on the flip side, also ranked the nation's least handsome city. that's right. the website living social polled

locals in the country, only 23% of locals in sacramento say men in the city are actually handsome. i wonder how they feel about that. sacramento also has less plastic surgery and worse personal hygiene according to other cities in the survey. the city also reported less spray tans. >> interesting. 6:59 right now. let's sweech gears and check in with meteorologist christina loren. >> personally nothing hotter than a man who is more in love with himself than you. 35 degrees out there. i'm heading to sacramento right after this. 50 at noon, up to 57 by 5:00 p.m. tomorrow morning we will be tracking showers on the radar. let's check your drive one more time with mike inouye. >> new issue for the eastbound, southbound 880 at a street. that's a mouthful. we have a handful of cars, five to seven of them on the shoulder, metal debris on the roadway. watch as you're heading towards